Federal Register / Vol. 71, No. 184 / Friday, September 22, 2006 / Rules and Regulations 55287 

(B) Utah Administrative Code rule 

R307–101–2, as adopted by the Utah Air 

Quality Board on September 7, 2005, 

effective on September 8, 2005. This 

incorporation by reference extends only 

to the definition of the Clearing Index 

and excludes any other provisions that 

R307–101–2 incorporates by reference. 

[FR Doc. 06–7954 Filed 9–21–06; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2006–0543; FRL–8217–8] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Wisconsin 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is approving revisions to 

the Wisconsin State Implementation 

Plan (SIP) for ozone. In these revisions, 

the State has incorporated changes EPA 

made to its definition of volatile organic 

compound (VOC) and its VOC control 

requirements for yeast manufacturing. 

As a result of EPA’s approval, five 

chemical compounds will no longer be 

considered VOCs. The changes to VOC 

control requirements match the EPA 

maximum achievable control 

technology (MACT) limits for yeast 

manufacturers. 

DATES: This direct final rule will be 

effective November 21, 2006, unless 

EPA receives adverse comments by 

October 23, 2006. If adverse comments 

are received, EPA will publish a timely 

withdrawal of the direct final rule in the 

Federal Register informing the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05–

OAR–2006–0543, by one of the 

following methods: 

• www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

• E-mail: mooney.john@epa.gov. 

• Fax: (312) 886–5824. 

• Mail: John M. Mooney, Chief, 

Criteria Pollutant Section, (AR–18J), 

U.S. Environmental Protection Agency, 

77 West Jackson Boulevard, Chicago, 

Illinois 60604. 

• Hand Delivery: John M. Mooney, 

Chief, Criteria Pollutant Section, (AR–

18J), U.S. Environmental Protection 

Agency, 77 West Jackson Boulevard, 

Chicago, Illinois 60604. Such deliveries 

are only accepted during the Regional 

Office’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. The 

Regional Office’s official hours of 

business are Monday through Friday, 

8:30 a.m. to 4:30 p.m. excluding Federal 

holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R05–OAR–2006–

0543. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information, 

the disclosure of which is restricted by 

statute. Do not submit information that 

you consider to be CBI or otherwise 

protected through www.regulations.gov 

or e-mail. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means that EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send an e-mail 

comment directly to EPA without going 

through www.regulations.gov, your 

e-mail address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD-ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. For additional instructions 

on submitting comments, go to 

Section I of the SUPPLEMENTARY

INFORMATION section of this document. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

the disclosure of which is restricted by 

statute. Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Region 5, Air and Radiation Division, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. This Facility is open 

from 8:30 a.m. to 4:30 p.m., Monday 

through Friday, excluding legal 

holidays. We recommend that you 

telephone Matt Rau, Environmental 

Engineer, at (312) 886–6524 before 

visiting the Region 5 office. 

FOR FURTHER INFORMATION CONTACT: Matt 

Rau, Environmental Engineer, Criteria 

Pollutant Section, Air Programs Branch 

(AR–18J), EPA Region 5, 77 West 

Jackson Boulevard, Chicago, Illinois 

60604, (312) 886–6524, 

rau.matthew@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. This supplementary information 

section is arranged as follows: 

I. What Should I Consider as I Prepare My 

Comments for EPA? 

II. What Is EPA Approving? 

III. What Is the Background for This Action? 

IV. What Is EPA’s Analysis of the State 

Submission? 

V. What Are the Environmental Effects of 

This Action? 

VI. What Action Is EPA Taking Today? 

VII. Statutory and Executive Order Reviews. 

I. What Should I Consider as I Prepare 

My Comments for EPA? 

A. Submitting CBI. Do not submit this 

information to EPA through 

www.regulations.gov or e-mail. Clearly 

mark the part or all of the information 

that you claim to be CBI. For CBI 

information in a disk or CD–ROM that 

you mail to EPA, mark the outside of the 

disk or CD–ROM as CBI and then 

identify electronically within the disk or 

CD–ROM the specific information that 

is claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 

B. Tips for Preparing Your Comments. 

When submitting comments, remember 

to: 

• Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

• Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

• Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

• If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

• Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 


rwilkins on PROD1PC63 with RULES_1
55288 Federal Register / Vol. 71, No. 184 / Friday, September 22, 2006 / Rules and Regulations 

• Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

• Make sure to submit your 

comments by the comment period 

deadline identified. 

II. What Is EPA Approving? 

EPA is approving revisions to 

Wisconsin’s VOC definitions for five 

compounds and VOC control 

requirements for yeast manufacturing 

facilities. Wisconsin added NR 

400.02(162)(a)45 to 48, which excludes 

the four VOC compounds from the 

definition of VOCs: 1,1,1,2,2,3,3- 

heptafluoro-3-methoxy-propane; 3- 

ethoxy-1,1,1,2,3,4,4,5,5,6,6,6- 

dodecafluoro-2-(trifluoromethyl) 

hexane; 1,1,1,2,3,3,3- 

heptafluoropropane; and methyl formate 

(HCOOCH3). Sources of the compounds 

listed under NR 400.02(162)(a) do not 

have to follow any of these VOC 

requirements when using the 

compounds. 

In addition, Wisconsin has added NR 

400.02(162)(b), which states that t-butyl 

acetate will no longer be subject to VOC 

emission or content limits. Sources 

using t-butyl acetate will still need to 

follow VOC recordkeeping, emission 

reporting, and inventory requirements. 

Wisconsin has also revised its VOC 

control requirements for yeast 

manufacturing facilities. This includes 

the addition of NR 424.05(2)(c), which 

creates the requirement that sources 

must comply with the emissions limits 

for at least 98 percent of all fermentation 

batches over a rolling 12 month period. 

III. What Is the Background for This 

Action? 

Wisconsin’s requested revisions to the 

VOC definitions adopt changes that EPA 

made on November 29, 2004. In the first 

action (69 FR 69298), EPA added four 

chemicals to the list of excluded 

compounds at 40 CFR 51.100(s)(1), on 

the basis that these compounds make a 

negligible contribution to tropospheric 

ozone formation. These are: 

1,1,1,2,2,3,3-heptafluoro-3-methoxypropane; 3-ethoxy1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2- 

(trifluoromethyl) hexane; 1,1,1,2,3,3,3- 

heptafluoropropane; and methyl 

formate. 

In the second action (69 FR 69304), 

EPA modified the definition of VOC at 

40 CFR 51.100(s)(5) to exclude t-butyl 

acetate as a VOC for purposes of VOC 

emission limitations or VOC content 

requirements. While EPA determined 

that t-butyl acetate has a negligible 

contribution to tropospheric ozone 

formation, it also concluded that the 

compound should still be subject to all 

recordkeeping, emissions reporting, 

modeling, and inventory VOC 

requirements. 

Wisconsin also requested VOC control 

requirement revisions to match yeast 

manufacturing limits. The May 21, 2001 

national emission standards for 

hazardous air pollutants (NESHAP) for 

nutritional yeast manufacturing (66 FR 

27876) set limits on VOC emissions. The 

yeast NESHAP limits VOC emissions as 

a surrogate for emissions of 

acetaldehyde, a hazardous air pollutant 

that is also a VOC. The limits affect both 

VOC concentration limits and a percentof-batches minimum. At least 98 percent 

of the batches on a 12-month rolling 

average must meet the VOC 

concentration limit. 

IV. What Is EPA’s Analysis of the State 

Submission? 

The changes to Wisconsin’s definition 

of VOC parallel the revisions to 40 CFR 

51.100(s)(1), the de-listing of four 

compounds formerly considered VOCs 

and to 40 CFR 51.100(s)(5), the 

modification of the definition of VOC 

concerning t-butyl acetate. 

EPA revised the VOC emission limits 

for nutritional yeast manufacturing 

facilities in 40 CFR 63 subpart CCCC 

(63.2130–2192). Wisconsin revised and 

added sections to its rules that make the 

same revisions. Emission limit 

compliance is required for at least 98 

percent of batches over a rolling 12- 

month period. 

The requested revisions match 

changes made to federal regulations. 

Therefore, the modifications are 

approvable as revisions to Wisconsin’s 

SIP. 

V. What Are the Environmental Effects 

of This Action? 

Volatile organic compounds are 

precursors to ozone formation. Complex 

photochemical reactions involving 

VOCs form tropospheric ozone. 

Ozone decreases lung function, 

causing chest pain and coughing. It can 

aggravate asthma, reduce lung capacity, 

and increase risk of respiratory diseases 

like pneumonia and bronchitis. 

Children playing outside and healthy 

adults who work or exercise outside 

also may be harmed by elevated ozone 

levels. Ozone also reduces vegetation 

growth in economically important 

agricultural crops and wild plants. 

EPA has determined that the five 

compounds make a negligible 

contribution to ozone formation. Thus, 

the compounds are no longer 

considered to be VOCs and the 

exemptions will not harm the air 

quality. In fact if sources switch from a 

VOC compound to one of the 

compounds being removed from the 

VOC list, ozone formation may be 

reduced. 

Exposure to HAPs at sufficient 

concentration and duration may 

increase the risk of cancer and other 

serious health effects. These health 

effects include damage to the immune 

system and neurological, reproductive, 

developmental, and respiratory health 

problems. Drinking water can be 

contaminated by HAPs. In addition, 

some HAPs can enter the food chain 

through the exposure of crops and 

animals. The VOC limits placed on 

yeast manufacturing facilities will limit 

HAP emissions. 

VI. What Action Is EPA Taking Today? 

EPA is approving, through direct final 

rulemaking, revisions to the Wisconsin 

ozone regulations. As a result of EPA’s 

approval of Wisconsin’s SIP submission, 

four compounds are no longer 

considered to be VOCs and a fifth 

compound is not subject to VOC content 

and emission limits but will still be 

subject to other requirements. The VOC 

control requirements for yeast 

manufacturing facilities were also 

revised. 

We are publishing this action without 

prior proposal because we view this as 

a noncontroversial amendment and 

anticipate no adverse comments. 

However, in the proposed rules section 

of this Federal Register publication, we 

are publishing a separate document that 

will serve as the proposal to approve the 

state plan if relevant adverse written 

comments are filed. This rule will be 

effective November 21, 2006 without 

further notice unless we receive relevant 

adverse written comments by October 

23, 2006. If we receive such comments, 

we will withdraw this action before the 

effective date by publishing a 

subsequent document that will 

withdraw the final action. All public 

comments received will then be 

addressed in a subsequent final rule 

based on the proposed action. The EPA 

will not institute a second comment 

period. Any parties interested in 

commenting on this action should do so 

at this time. If we do not receive any 

comments, this action will be effective 

November 21, 2006. 

VII. Statutory and Executive Order 

Reviews 

Executive Order 12866; Regulatory 

Planning and Review 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

therefore is not subject to review by the 

Office of Management and Budget. 


rwilkins on PROD1PC63 with RULES_1
Federal Register / Vol. 71, No. 184 / Friday, September 22, 2006 / Rules and Regulations 55289 

Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

Because it is not a ‘‘significant 

regulatory action’’ under Executive 

Order 12866 or a ‘‘significant energy 

action,’’ this action is also not subject to 

Executive Order 13211, ‘‘Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001). 

Regulatory Flexibility Act 

This action merely approves state law 

as meeting Federal requirements and 

imposes no additional requirements 

beyond those imposed by state law. 

Accordingly, the Administrator certifies 

that this rule will not have a significant 

economic impact on a substantial 

number of small entities under the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.). 

Unfunded Mandates Reform Act 

Because this rule approves preexisting requirements under state law 

and does not impose any additional 

enforceable duty beyond that required 

by state law, it does not contain any 

unfunded mandate or significantly or 

uniquely affect small governments, as 

described in the Unfunded Mandates 

Reform Act of 1995 (Pub. L. 104–4). 

Executive Order 13175 Consultation 

and Coordination With Indian Tribal 

Governments 

This rule also does not have tribal 

implications because it will not have a 

substantial direct effect on one or more 

Indian tribes, on the relationship 

between the Federal government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal government and Indian tribes, 

as specified by Executive Order 13175 

(59 FR 22951, November 9, 2000). 

Executive Order 13132 Federalism 

This action also does not have 

Federalism implications because it does 

not have substantial direct effects on the 

states, on the relationship between the 

national government and the states, or 

on the distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). This action merely 

approves a state rule implementing a 

Federal standard, and does not alter the 

relationship or the distribution of power 

and responsibilities established in the 

Clean Air Act. 

Executive Order 13045 Protection of 

Children From Environmental Health 

and Safety Risks 

This rule also is not subject to 

Executive Order 13045 ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997), because it is not 

economically significant. 

National Technology Transfer 

Advancement Act 

In reviewing SIP submissions, EPA’s 

role is to approve state choices, 

provided that they meet the criteria of 

the Clean Air Act. In this context, in the 

absence of a prior existing requirement 

for the state to use voluntary consensus 

standards (VCS), EPA has no authority 

to disapprove a SIP submission for 

failure to use VCS. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a SIP submission, 

to use VCS in place of a SIP submission 

that otherwise satisfies the provisions of 

the Clean Air Act. Thus, the 

requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. 

Paperwork Reduction Act 

This rule does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act of 1995 (44 U.S.C. 3501 et seq.). 

Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this rule and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by November 21, 

2006. Filing a petition for 

reconsideration by the Administrator of 

this final rule does not affect the finality 

of this rule for the purposes of judicial 

review nor does it extend the time 

within which a petition for judicial 

review may be filed, and shall not 

postpone the effectiveness of such rule 

or action. This action may not be 

challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Ozone, Volatile organic compounds. 

Dated: August 23, 2006. 

Jerri-Anne Garl, 

Acting Regional Administrator, Region 5. 

■ For the reasons stated in the preamble, 

part 52, chapter I, of title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart YY—Wisconsin 

■ 2. Section 52.2570 is amended by 

adding paragraph (c)(114) to read as 

follows: 

§ 52.2570 Identification of plan. 

* * * * * 

(c) * * * 

(114) On April 11, 2006, Wisconsin 

submitted revised regulations that 

match 40 CFR 51.100(s)(1), as amended 

at 69 FR 69298. As a result, the 

compounds, 1,1,1,2,2,3,3-heptafluoro-3- 

methoxy-propane, 3-ethoxy1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2- 

(trifluoromethyl)hexane, 1,1,1,2,3,3,3- 

heptafluoropropane, and methyl 

formate, are added to the list of 

‘‘nonphotochemically reactive 

hydrocarbons’’ or ‘‘negligibly 

photochemically reactive compounds’’

in NR 400.02(162)(a)45. to 48. 

Companies producing or using the four 

compounds will no longer need to 

follow the VOC rules for these 

compounds. Section NR 400.02(162)(b) 

was added for the compound t-butyl 

acetate. It is not considered a VOC for 

emission limits and content 

requirements. T-butyl acetate will still 

be considered a VOC for the 

recordkeeping, emissions reporting, and 

inventory requirements. Wisconsin also 

added and modified sections of NR 

424.05, its VOC control requirements for 

yeast manufacturing facilities. 

Wisconsin’s requirements are the same 

as the federal requirements in the 

national emission standards for 

hazardous air pollutants for nutritional 

yeast manufacturing. 

(i) Incorporation by reference. 


rwilkins on PROD1PC63 with RULES_1
55290 Federal Register / Vol. 71, No. 184 / Friday, September 22, 2006 / Rules and Regulations 

(A) Wisconsin Administrative Code 

§ NR 400: Air Pollution Control 

Definitions, Section 2: Definitions, 

Subsection 162: ‘‘Volatile organic 

compound,’’ and § NR 424: Control of 

Organic Compound Emissions from 

Process Lines, Section 5: Yeast 

Manufacturing, Subsection 2: Emission 

Limitations, and Subsection 5: Test 

Methods and Procedures. The 

regulations were effective on January 1, 

2006. 

[FR Doc. 06–8113 Filed 9–21–06; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA-HQ-OPP-2006-0773; FRL–8093–3] 

Fenamidone; Pesticide Tolerance for 

Emergency Exemption 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes a 

time-limited tolerance for residues of 

fenamidone in or on carrots. This action 

is in response to EPA’s granting of an 

emergency exemption under section 18 

of the Federal Insecticide, Fungicide, 

and Rodenticide Act (FIFRA) 

authorizing use of the pesticide on 

carrots. This regulation establishes a 

maximum permissible level for residues 

of fenamidone in this food commodity. 

The tolerance expires and is revoked on 

December 31, 2009. 

DATES: This regulation is effective 

September 22, 2006. Objections and 

requests for hearings must be received 

on or before November 21, 2006, and 

must be filed in accordance with the 

instructions provided in 40 CFR part 

178 (see also Unit I.C. of the 

SUPPLEMENTARY INFORMATION). 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA-HQOPP-2006-0773. All documents in the 

docket are listed on the regulations.gov 

website. Although listed in the index, 

some information is not publicly 

available, e.g., Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either in the electronic docket 

at http://www.regulations.gov, or, if only 

available in hard copy, at the Office of 

Pesticide Programs (OPP) Regulatory 

Public Docket in Rm. S-4400, One 

Potomac Yard (South Building), 2777 S. 

Crystal Drive Arlington, VA. The hours 

of operation of this Docket Facility are 

from 8:30 a.m. to 4 p.m., Monday 

through Friday, excluding legal 

holidays. The Docket telephone number 

is (703) 305-5805. 

FOR FURTHER INFORMATION CONTACT: 

Andrea Conrath, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460-0001; telephone number: 

(703) 308-9356; e-mail address: 

conrath.andrea@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this Action Apply to Me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. Potentially 

affected entities may include, but are 

not limited to: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

This listing is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. If you have any 

questions regarding the applicability of 

this action to a particular entity, consult 

the person listed under FOR FURTHER

INFORMATION CONTACT. 

B. How Can I Access Electronic Copies 

of this Document? 

In addition to accessing an electronic 

copy of this Federal Register document 

through the electronic docket at http:// 

www.regulations.gov, you may access 

this Federal Register document 

electronically through the EPA Internet 

under the ‘‘Federal Register’’ listings at 

http://www.epa.gov/fedrgstr. You may 

also access a frequently updated 

electronic version of 40 CFR part 180 

through the Government Printing 

Office’s pilot e-CFR site at http:// 

www.gpoaccess.gov/ecfr. 

C. Can I File an Objection or Hearing 

Request? 

Under section 408(g) of the FFDCA, as 

amended by the FQPA, any person may 

file an objection to any aspect of this 

regulation and may also request a 

hearing on those objections. The EPA 

procedural regulations which govern the 

submission of objections and requests 

for hearings appear in 40 CFR part 178. 

You must file your objection or request 

a hearing on this regulation in 

accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA-HQOPP-2006-0773 in the subject line on 

the first page of your submission. All 

requests must be in writing, and must be 

mailed or delivered to the Hearing Clerk 

on or before November 21, 2006. 

In addition to filing an objection or 

hearing request with the Hearing Clerk 

as described in 40 CFR part 178, please 

submit a copy of the filing that does not 

contain any CBI for inclusion in the 

public docket that is described in 

ADDRESSES. Information not marked 

confidential pursuant to 40 CFR part 2 

may be disclosed publicly by EPA 

without prior notice. Submit your 

copies, identified by docket ID number 

EPA-HQ-OPP-2006-0773, by one of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• Mail: Office of Pesticide Programs 

(OPP) Regulatory Public Docket (7502P), 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460-0001. 

• Delivery: OPP Regulatory Public 

Docket (7502P), Environmental 

Protection Agency, Rm. S-4400, One 

Potomac Yard (South Building), 2777 S. 

Crystal Drive, Arlington, VA. Deliveries 

are only accepted during the Docket’s 

normal hours of operation (8:30 a.m. to 

4 p.m., Monday through Friday, 

excluding legal holidays). Special 

arrangements should be made for 

deliveries of boxed information. The 

Docket telephone number is (703) 305- 

5805. 

II. Background and Statutory Findings 

EPA, on its own initiative, in 

accordance with sections 408(e) and 408 

(l)(6) of the Federal Food, Drug, and 

Cosmetic Act (FFDCA), 21 U.S.C. 346a, 

is establishing a time-limited tolerance 

for residues of the fungicide 

fenamidone, (4H-imidazol-4-one, 3,5- 

dihydro-5-methyl-2-(methylthio)-5- 

phenyl-3-(phenylamino), (S)-), in or on 

carrot at 0.20 parts per million (ppm). 

This tolerance expires and is revoked on 


rwilkins on PROD1PC63 with RULES_1